McFadyen v. . Harrington
Supreme Court of North Carolina
Action on the Case commenced in 1858, in the County Court oí Moore, carried by appeal to tlie Superior Court, and tried before Buxton, J., at Spring Term, 1872. The suit was brought for the recovery of the value of a lot of cotton delivered to the defendant, by the plaintiff, to be ginned and carried to Fayetteville and sold. The plaintiff alleged that the defendant had sold and failed to account for the cotton.
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Action on the Case commenced in 1858, in the County Court oí Moore, carried by appeal to tlie Superior Court, and tried before Buxton, J., at Spring Term, 1872. The suit was brought for the recovery of the value of a lot of cotton delivered to the defendant, by the plaintiff, to be ginned and carried to Fayetteville and sold. The plaintiff alleged that the defendant had sold and failed to account for the cotton. One ground of objection to the plaintiff’s recovery was that the cotton was not the sole property of the plaintiff, but belonged to plaintiff and one O. S. Yarborough, as partners,…
1Opinion of the CourtBoydeN, J.
Two questions only are raised in this case;
First, that his'Honor rejected competent evidence. The plaintiff had testified that he was the sole owner of the cotton at the time he delivered it to the defendant, that no one else had any interest in it. He further stated that O. S. Yarborough had had an interest in the cotton, but that before the delivery to the defendant, plaintiff had settled with Yarborough for his. share of the cotton, and that he was then sole owner.
Defendant insisted, that inasmuch as the plaintiff and Yarborough had made the crop together 'upon shares, they were partners,…
2Cited by2 opinions
- Henry v. WillardSupreme Court of North Carolina · 1875
- Henry v. . WillardSupreme Court of North Carolina · 1875